5.  Mr Benieamin Manole, the first applicant, was born in 1956 and lives in Priponesti, Galaţi county.
6.  By decision of 15 January 2006 the first applicant, a farmer, and forty-eight other persons meeting in constituent assembly decided to form a trade union entitled “Agricultural trade union Romanian Farmers Direct”. The first applicant was elected President of the new trade union.
7.  On 23 January 2006 the first applicant applied to the Tecuci District Court seeking the registration of the trade union which he represented, with a view to conferring legal personality on it. He enclosed with his request the statutes of the trade union and the relevant authority form presented to him by the Constituent Assembly, as notarised on 27 January 2006.
8.  According to those statutes, the applicant trade union’s main purpose was to defend the interests of its members, that is to say farmers and persons providing services for farmers, including transport facilities. The first applicant described that purpose as follows:
“The Romanian Farmers Direct trade union emerged from the desire to help Romanian farmers move on from subsistence farming to agriculture as practised in the European Union, where the production of rural farms is directed towards the market rather than self-sufficiency, as is currently the case in our country, [in order to] provide farmers with a decent standard of living.
Our trade union has set itself the aim of organising local centres (three or four adjacent municipalities) in all the counties of Romania with a view to providing legal information, accountancy advice and judicial assistance to individual farmers ....
We believe that it would be advantageous if as many farmers as possible could come together to think and act in unison in order to ensure the success of our agricultural activities ....”
9.  By judgment of 27 January 2006 the district court, sitting in single-judge formation (Judge N.M.), declared the request for registration of the trade union inadmissible on the grounds that only employees (persoanele încadrate în muncă) and civil servants could set up trade unions.
10.  On appeal on points of law lodged by the applicant trade union, represented by the first applicant, that judgment was quashed by decision of Galaţi County Court on 21 March 2006. That court held that the action had been wrongly declared inadmissible and that the district court should have examined the merits of the case.
11.  By judgment of 12 April 2006 the Tecuci District Court, sitting in the same single-judge formation, rejected the request as ill-founded on the grounds that under Law No. 54/2003 on trade unions (Legea sindicatelor), farmers could not set up trade unions but could only join pre-existing unions.
12.  The applicant trade union lodged an appeal on points of law, submitting, first of all, that the court which had tried the case after invalidation had been the same which had delivered the invalidated judgment of 27 January 2006, and secondly, that Article 40 of the Constitution guaranteeing trade union rights had been infringed.
13.  By decision of 30 May 2006 the county court accepted the applicant trade union’s appeal on points of law insofar as it concerned the make-up of the first-instance trial court, and, assessing the merits of the case, rejected the trade union’s application for the registration of the trade union. In doing so the court observed that only employees holding a contract of employment and civil servants could set up trade unions, to the exclusion of farmers and other self-employed persons, who could only join pre-existing trade unions.
14.  By a handwritten authority form dated 12 November 2006, the first applicant, acting in his own name and on behalf of the applicant trade union – in his capacity as the latter’s representative – appointed Mrs G. Perin counsel to represent them before the Court. That authority was signed by both the first applicant and Mrs G. Perin.
The authority may be translated as follows:
“I, the undersigned Manole Benieamin, born on 18 March 1956 in the municipality of ..., in my capacity as President of the farmers’ trade union ‘Romanian Farmers Direct’ and as legal representative of that trade union, appoint as counsel to defend our case before the European Court of Human Rights Ms Giulia Perin, a lawyer practising in Padua, Italy.”
 
II.  RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE
... 22.  The relevant provisions of the (Revised) European Social Charter, the European Union’s Charter of Fundamental Rights and derived European law are expounded in the judgments in the cases of Sindicatul “Păstorul cel Bun” (no . 2330/09, §§ 58-60) and Demir and Baykara v. Turkey ([GC], no 34503/97, §§ 45-47, ECHR 2008). 2.  International Labour Organisation (ILO) standards
(a)  ILO Freedom of Association and Protection of the Right to Organise Convention (No. 87), and supervision of its application 23.  The relevant provisions of ILO Convention No. 87 concerning the Freedom of Association and Protection of the Right to Organise, which was adopted in 1948 and ratified by Romania on 28 May 1957, are set out in the judgments in the cases of Sindicatul “Păstorul cel Bun” (cited above, § 56) and Danilenkov and Others v. Russia (no. 67336/01, § 105, ECHR 2009 (extracts)). 24.  The relevant parts of the observations of the Committee of Experts on the Application of Conventions and Recommendations (CEACR), adopted in 2012 and published in 2013, concerning the application by Romania of Convention No. 87 concerning the Freedom of Association and Protection of the Right to Organise read as follows:
“The Committee notes, however, that certain issues previously raised are still pending after the adoption of the Social Dialogue Act .... The Committee also notes a number of additional discrepancies between the provisions of the Social Dialogue Act and the Convention in terms of scope of application (such as self-employed, apprentices, dismissed or retired workers), eligibility conditions for trade union officials, restriction of trade union activities ... etc.
In this respect, the Committee notes that the Government has recently benefitted from ILO technical assistance seeking to ensure the conformity with the Convention of a draft Emergency Ordinance which substantially amends the Social Dialogue Act. The Committee trusts that the Government will take due account of its comments in the context of this legislative review and that the new legislation will be in full conformity with the Convention. The Committee requests the Government to indicate in its next report any developments in this respect.” 25.  The relevant parts of the global report entitled “Freedom of association in practice: Lessons learned. Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work” read as follows:
“82.  The ILO supervisory bodies have consistently emphasized that all workers, without any distinction, and irrespective of their employment status, including self-employed workers, managerial employees and workers in cooperatives, should enjoy the right to establish and join trade unions of their own choosing, like all other workers. This is all the more important in the case of vulnerable categories of workers for whom the exercise of the right to organize is a way of breaking out of marginalization and poverty. ...
Agriculture and rural employment 158.  Nearly half the world’s workforce is found in rural areas, which remain the largest source of employment in Africa and most of Asia. Nevertheless, in many countries agricultural and rural workers are still denied the right to organize and bargain collectively. This is despite the fact that the need to protect the rights of those working in agriculture was recognized as early as 1921, when the ILO’s member States adopted the Right of Association (Agriculture) Convention (No. 11), according to which agricultural workers should have the same ‘rights of association and combination’ as industrial workers. This Convention has been ratified by 122 member States. 159. At the same time, the practical difficulties of putting into effect the rights to organize and bargain collectively in the sector cannot be minimized. The agricultural sector, and rural employment in general, have distinctive features. In general, agriculture is a sector in which small enterprises with relatively few employees predominate and self-employment is widespread. Much of the wage employment is temporary or seasonal, and farms are spread over wide geographical areas. These factors are a challenge to trade union organization. The number of agricultural trade union members is usually relatively small compared to the total number of workers in the sector. ... 160. In addition to practical difficulties facing agricultural workers who wish to organize, there is also evidence of government interference which restricts the exercise of this basic right. The most common legal obstacle in the sector remains the full or partial exclusion of agricultural workers from legislation guaranteeing the right to freedom of association and collective bargaining. ...”
(b)  ILO Right of Association (Agriculture) Convention (No. 11) 26.  The relevant provisions of ILO Convention No. 11 on the right of association (agriculture), adopted in 1923 and ratified by Romania on 28 May 1930, read as follows:
Article 1
“Each Member of the International Labour Organisation which ratifies this Convention undertakes to secure to all those engaged in agriculture the same rights of association and combination as to industrial workers, and to repeal any statutory or other provisions restricting such rights in the case of those engaged in agriculture.”
(c)  ILO Rural Workers’ Organisations Convention (No. 141) and the relevant recommendations 27.  The relevant provisions of ILO Convention No. 141 on Rural Workers’ Organisations and their role in economic and social development, which was adopted in 1975 and has not been ratified by Romania, read as follows:
Article 2
“1.  For the purposes of this Convention, the term rural workers means any person engaged in agriculture, handicrafts or a related occupation in a rural area, whether as a wage earner or, subject to the provisions of paragraph 2 of this Article, as a self-employed person such as a tenant, sharecropper or small owner-occupier. 2. This Convention applies only to those tenants, sharecroppers or small owner-occupiers who derive their main income from agriculture, who work the land themselves, with the help only of their family or with the help of occasional outside labour and who do not -
(a) permanently employ workers; or
(b) employ a substantial number of seasonal workers; or
(c) have any land cultivated by sharecroppers or tenants.”
Article 3
“1.  All categories of rural workers, whether they are wage earners or self-employed, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations, of their own choosing without previous authorisation. 2. The principles of freedom of association shall be fully respected; rural workers’ organisations shall be independent and voluntary in character and shall remain free from all interference, coercion or repression. 3. The acquisition of legal personality by organisations of rural workers shall not be made subject to conditions of such a character as to restrict the application of the provisions of the preceding paragraphs of this Article. 4. In exercising the rights provided for in this Article rural workers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land. 5. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Article.” 28.  ILO Convention No. 141 has been ratified by 40 States, including nineteen member States of the Council of Europe (Albania, Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Malta, Republic of Moldova, the Netherlands, Poland, Spain, Sweden, Switzerland and the United Kingdom). 29.  The relevant provisions of Recommendation No. 149 concerning rural workers’ organisations and their role in economic and social development, adopted by the ILO in 1975, read as follows:
II. Role of Organisations of Rural Workers
“4. It should be an objective of national policy concerning rural development to facilitate the establishment and growth, on a voluntary basis, of strong and independent organisations of rural workers as an effective means of ensuring the participation of rural workers, without discrimination ... in economic and social development and in the benefits resulting therefrom. 5. Such organisations should, as appropriate, be able to--
(a) represent, further and defend the interests of rural workers, for instance by undertaking negotiations and consultations at all levels on behalf of such workers collectively;
(b) represent rural workers in connection with the formulation, implementation and evaluation of programmes of rural development and at all stages and levels of national planning; ...
(f) contribute to the improvement of the conditions of work and life of rural workers, including occupational safety and health; ...
III. Means of Encouraging the Growth of Organisations of Rural Workers 6. In order to enable organisations of rural workers to play their role in economic and social development, member States should adopt and carry out a policy of active encouragement to these organisations, particularly with a view to -
(a) eliminating obstacles to their establishment, their growth and the pursuit of their lawful activities, as well as such legislative and administrative discrimination against rural workers’ organisations and their members as may exist; ... 7. (1) The principles of freedom of association should be fully respected; rural workers’ organisations should be independent and voluntary in character and should remain free from all interference, coercion or repression. ... 8. (1) Member States should ensure that national laws or regulations do not, given the special circumstances of the rural sector, inhibit the establishment and growth of rural workers’ organisations. ...”